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Might Changing Right? The Role of the United States in International Legal Change |
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Abstract:
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Paper proposal for the International Law section, ISA Honolulu, 1-5 March 2005 The eternal struggle between might and right is played out in different arenas, but it is especially visible in the nexus between international law and international politics. The recent controversy over the war in Iraq and the alleged transatlantic rift concern more than just which rules and principles will prevail. It is to a large extent a question about whose rules and principles will prevail. To put it differently, who has the power to change or preserve international legal rules? The aim of this paper is to examine the role of the current superpower in the process of change in customary international law. Unlike treaties, there is no agreement on when and how customary international law changes, as it consists of uniform (but not universal) state practice and opinio juris. This paper will argue that in addition to the extent of previous practice and the importance of the moral principles involved, a third factor is relevant in determining how much it takes to achieve the attempted change, namely, who initiates or blocks it. The case used to illustrate the theoretical discussions will be the attempt by a coalition of civic organizations - through the Non-Aligned Movement - to get the International Court of Justice to declare the threat and use of nuclear weapons illegal according to international law. Although the Court delivered its famous - and highly ambiguous - advisory opinion in 1996, it is an issue which has regained currency and importance lately as the threat of weapons of mass-destruction is discussed in conjunction with various rogue regimes and non-state actors. In the examination of the case, traditional legal theory will be complemented with IR literature which contributes a much needed power perspective. The paper aims at furthering the understanding of international legal or normative change, which is often sorely overlooked in mainstream IR. Author Ph. D. Cand. Anette Ahrnens Department of Political Science Lund University Box 52 SE-221 00 Lund SWEDEN Anette.Ahrnens@svet.lu.se Phone +46 46 222 89 32 |
Most Common Document Word Stems:
intern (232), state (183), law (179), power (171), legal (128), polit (82), court (81), unit (81), weapon (65), 2003 (65), nuclear (64), use (50), pp (50), rule (46), opinion (40), relat (38), case (36), cambridg (35), byer (35), 2002 (35), univers (34), |
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United States, international law, power, nuclear weapons, International Court of Justice |
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Name: International Studies Association URL: http://www.isanet.org
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Citation:
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MLA Citation:
| Ahrnens, Anette. "Might Changing Right? The Role of the United States in International Legal Change" Paper presented at the annual meeting of the International Studies Association, Hilton Hawaiian Village, Honolulu, Hawaii, Mar 05, 2005 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p70298_index.html> |
APA Citation:
| Ahrnens, A. , 2005-03-05 "Might Changing Right? The Role of the United States in International Legal Change" Paper presented at the annual meeting of the International Studies Association, Hilton Hawaiian Village, Honolulu, Hawaii Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p70298_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: Paper proposal for the International Law section, ISA Honolulu, 1-5 March 2005 The eternal struggle between might and right is played out in different arenas, but it is especially visible in the nexus between international law and international politics. The recent controversy over the war in Iraq and the alleged transatlantic rift concern more than just which rules and principles will prevail. It is to a large extent a question about whose rules and principles will prevail. To put it differently, who has the power to change or preserve international legal rules? The aim of this paper is to examine the role of the current superpower in the process of change in customary international law. Unlike treaties, there is no agreement on when and how customary international law changes, as it consists of uniform (but not universal) state practice and opinio juris. This paper will argue that in addition to the extent of previous practice and the importance of the moral principles involved, a third factor is relevant in determining how much it takes to achieve the attempted change, namely, who initiates or blocks it. The case used to illustrate the theoretical discussions will be the attempt by a coalition of civic organizations - through the Non-Aligned Movement - to get the International Court of Justice to declare the threat and use of nuclear weapons illegal according to international law. Although the Court delivered its famous - and highly ambiguous - advisory opinion in 1996, it is an issue which has regained currency and importance lately as the threat of weapons of mass-destruction is discussed in conjunction with various rogue regimes and non-state actors. In the examination of the case, traditional legal theory will be complemented with IR literature which contributes a much needed power perspective. The paper aims at furthering the understanding of international legal or normative change, which is often sorely overlooked in mainstream IR. Author Ph. D. Cand. Anette Ahrnens Department of Political Science Lund University Box 52 SE-221 00 Lund SWEDEN Anette.Ahrnens@svet.lu.se Phone +46 46 222 89 32 |
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.PDF |
| Page count: |
27 |
| Word count: |
13242 |
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| MIGHT CHANGING RIGHT - THE ROLE OF THE UNITED STATES IN INTERNATIONAL LEGAL CHANGE - Work in progress - Paper to be presented on the Panel: "The United States and International Law" at the 46th Annual ISA Convention in Honolulu Hawaii March 1-5 2005. Anette Ahrnens Lund University Sweden Department of Political Science anette.ahrnens@svet.lu.se Introduction It has been said many times before and it will most likely be said many times again but the fact is that one of |
| of State . Written Statement of the Government of the United States of America. 20 June 1995. Available at http://www.icj-cij.org/icjwww/icases/iunan/iunan_ipleadings/ iunan_ipleadings_199506_WriStats_18_USA.pdf Vagts Detlev F. (2001). "Hegemonic International Law" pp. 843-848 in The American Journal of International Law vol. 95 no. 4. Weeramantry C. G. (2000). "The Contemporary Role of Customary International Law" pp. 351- 371 in Imagining Tomorrow: Rethinking the Global Challenge. Collected and Compiled on the Occasion of the United Nations Millennium Assembly. Østerud Øyvind (2001). "Makt og |
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